PJC Business 2024

D AMAGES

PJC 115.4

Development Corp. v. Coastal States Crude Gathering Co. , 543 S.W.2d 402, 405 (Tex. App.—Houston [14th Dist.] 1976, writ ref’d n.r.e.) (additional salaries and expenses for equipment, maintenance, and supervision). Whether any particular incidental dam ages are characterized as direct or consequential is, as discussed above, a question for the court. If a claimed expense is deemed consequential, it should be submitted as such, using the form in PJC 115.5. UCC cases. If the contract is for the sale of goods, the damages instructions should be drafted to incorporate the appropriate damages provisions in Tex. Bus. & Com. Code §§2.701–.724 (Tex. UCC). The following examples are illustrative only, using only a few damages provisions in the Uniform Commercial Code. Sample A—(§ 2.708) Seller’s damages for nonacceptance The difference between the market price of the goods at the time and place Paul Payne was to tender them to Don Davis and the unpaid contract price. Sample B—(§ 2.710) Seller’s incidental damages Commercially reasonable charges, expenses, or commissions Paul Payne incurred in stopping delivery of goods. Commercially reasonable charges Paul Payne incurred for trans portation, care, and custody of goods in connection with their return or resale. Sample C—(§ 2.713) Buyer’s damages for nondelivery The difference between the market price at the time Paul Payne learned of Don Davis ’s failure to comply and the contract price.

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